The Defense Doctrine Of The United States Of America

The Stand Your Ground Laws are becoming a hot topic in today’s news. Headlines are flooded with stories about cases around the country. These laws surround everyone from your everyday citizens to prominent sports figures and entertainers. The Stand Your Ground laws provide individuals with certain rights to protect themselves in events where they may feel threatened. It is also known as the Castle Rule, most of the United States have adopted some form of this law to protect its’ residents who may feel the need to use self-defense in situations where they may feel threatened. These laws spread quickly around the country since Florida passed the first laws in 2005. The law in most states would suggest that a person attempt to retreat

The first speaker, Dr. Khal Schneider, addresses the words behind the 2nd amendment. He provides us with a historical background around the formation of the amendment and further describes the works that are within this amendment. He highlights words such as “Militia”, “necessary”, “arms”, and “infringed”. He describes how these words can be interpreted differently, thus making it hard to actually interpret the amendment for what it actually means. For instance, he draws attention to the word “arms” and describes the evolution. He illustrates that his amendment must be looked at in respects to the century it was written in. He then describes the difference between “arms’ within both centuries. He draws attention to the increase

Though each state that has enacted this law has its own interpretations and specifications, the Stand Your Ground Law generally permits the use of deadly force when a person feels a threat of death, serious bodily harm, rape, kidnapping, and robbery in most states, even if there is an option of retreat. The current Stand Your Ground Law, passed by legislation in 2005, applies to public settings; the Castle Doctrine is basically a Stand Your Ground Law that applies to the defense of oneself in a private abode or home. States currently enacting this law include Florida, Alabama, Michigan, Indiana, Nevada, Utah, and 17 others. Stand your ground law provides legal protection for protecting oneself and property at all costs and prevents civil lawsuits.

The article “Shootings Test Limits of New Self-Defense Law” by Ralph Blumenthal tells the story of Joe Horn, a man in Texas, who shot two men in what he claimed was self-defense under the recently instated “castle doctrine.”

​In his book ‘Gunfight: The Battle over the Right to Bear Arms in America,’ Wrinkler tried to present an unbiased view towards the second amendment in the light of historical events and landmark cases that has tried to challenge or obtain the court’s interpretation. One of such cases is the ‘District of Columbia v. Heller’ case, which was argued and decided in 2008 (Supreme Court of the United States). For several instances, the provision in the Second Amendment that pertains to the right of an individual to bear arms has been contested. In fact, the clause, which states that “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed”, is perhaps the most misconstrued clause in the American constitution (Supreme Court of the United States). Adding to the significance of this highly debatable clause is the fact that a flurry of gun related incidences has happened in the United States in the past that has taken many lives including that of children. Among the most significant authors that has attempted to answer the question or at least laid out the possibilities regarding the second amendment is Adam Wrinkler. In light of Winkler’s arguments as well as with other sources, this paper will examine the historical

(1) Riggs v. Palmer 115 NY 506, Court of Appeals of New York (1889). Link in Course Readings and Available online: http://www.courts.state.ny.us/reporter/archives/riggs_palmer.htm

Sherman, Amy. "Self-Defense Deaths In Florida Have Increased Dramatically Since 'Stand Your Ground' Became Law In 2005, Lawmake

As of 2014 the only states that still abide by the duty to retreat are: Alabama, Alaska, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia. Due to the elimination of the duty to retreat self-defense concept or the underuse of the duty to retreat self- defense concept in many states; recently the Stand Your Ground Law has become one of the most controversial and infamous laws in the United States(Thomson Reuters,2014).

“The lawful defense of such person or of another, when the person using force reasonably believes such force is necessary to prevent death or great bodily harm to himself or herself or another."

The present case presents this Court with the opportunity to authoritatively end the debate over a state’s ability to offensively use its Eleventh Amendment immunity to dodge otherwise meritorious lawsuits and to provide crucial protection for private litigants in the judicial system. See, e.g., Katherine C. Penberthy, Meyers ex rel. Benzing v. Texas: The Fifth Circuit Adopts a Middle-Ground Approach to the Waiver-by-Removal Rule of State Sovereign Immunity, 80 Tul. L. Rev. 2019, 2023–25 (2006) (noting the split between circuit courts regarding whether a state’s Eleventh Amendment immunity may be used following removal of a case).

Grier, Peter. "Gun Control 101: Do Americans Often Use Firearms in Self-Defense?." Christian Science Monitor, 30 Jan. 2013. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&AuthType=ip,custuid&custid=s8455861&db=mih&AN=85265618&site=ehost-live&scope=site.

Alabama is a stand your ground state. So in Alabama if someone goes in your house and tries to steal something you can shoot to kill. Having said that this matters because if someone walks in your house you can shoot them and nothing will happen to you like go to jail. A couple of years back in Alabama in the city of Moody there were two fourteen year olds and one fifteenth year old and they decided they were going to go in this old man's house and try to steal something and what they did not know that the old man slept in the living room so the 15 year old walked in first and the old man got up and shot the 15 year old in the chest and he died and the old man did not go to jail. My opinion on this topic is that if someone is assaulting or

Supporting evidence shows that if the law were to be introduced in other States it would in fact double the rate of homicide, and that the law would be improperly used. Thirty-Three states have adopted some form of the Stand Your Ground law with an 88% increase of homicides. Imagine if the remaining 17 states adopted a form of Stand Your Ground Law the homicide rate would increase drastically, due to “Self Defense” without probable cause or evidence. I’ve concluded that the Stand Your Ground Law shouldn’t be introduced into other

One reason why guns should be legalized on a college campus is for protecting yourself and you other peers. There is an argument going on whether or not guns should be considered on campus. In Georgia, guns are allowed on campus and a few people state their opinion on this controversial topic. In the article “Georgians have the right to defend themselves by Mandi Ballinger” The author says “it is their own decisions to defend and protect themselves”(Ballinger 1). What this quote means is that others feel like they are not

The law of ‘self-defense’ justifies an act done in the reasonable belief of immediate danger.” Burnett demonstrates how a 5 foot 5 inch woman might believe that her life is